A Leave of Absence (LOA) is a formal, extended period during which an employee is temporarily excused from work duties. It is designed to accommodate significant life events that require a prolonged absence, exceeding standard paid time off. Understanding the requirements and protections surrounding an LOA is a fundamental aspect of employment law, allowing individuals to manage major personal or family crises without forfeiting their career security.
Defining Leave of Absence
An LOA is an approved time away from employment, granted for a specific, serious reason, with the intent that the employee will eventually return. Unlike termination, the employment relationship is maintained, though the leave is often unpaid unless covered by accrued paid time off or insurance. This formal arrangement allows employees to address circumstances such as a severe medical condition, the birth of a child, or military service. Administrative approval protects the employee’s job status and benefits, distinguishing it from an unexcused absence.
The duration of an LOA typically covers the full expected time needed, often extending for weeks or months based on the event and applicable policies. While the employee is relieved of duties, the employer generally holds the employee’s position or an equivalent one, ensuring continuity upon return.
Primary Categories of Legally Protected Leave
Certain categories of LOA are legally mandated, meaning a qualifying employee has a right to take the time and be restored to their job afterward. The most widely applicable federal protection is the Family and Medical Leave Act (FMLA). This law entitles eligible employees to take up to twelve workweeks of job-protected, unpaid leave within a twelve-month period for specific family and medical reasons.
These reasons include:
- The birth of a child.
- The placement of a child for adoption or foster care.
- A serious health condition affecting the employee or an immediate family member.
Leave for military service is protected under the Uniformed Services Employment and Reemployment Rights Act (USERRA). USERRA applies to all employers and ensures that employees taking leave for uniformed service duties can return to their civilian job without discrimination. This protection extends to reemployment in the position they would have attained had they not been absent, potentially covering up to five cumulative years of military leave.
The Americans with Disabilities Act (ADA) may also require an employer to grant an LOA as a reasonable accommodation if necessary for an employee’s disability, provided it does not create an undue hardship for the employer.
Common Types of Unprotected or Company-Specific LOA
Not all Leaves of Absence are legally mandated; many are granted solely at the employer’s discretion through company policy. These unprotected leaves offer time off for reasons not covered by law, such as extended personal leave, educational sabbaticals, or extended bereavement time. Since these leaves lack legal protection, the terms, including job restoration rights and benefit continuation, are determined entirely by the employer’s internal policies.
The defining characteristic of company-specific leaves is the reduced assurance of job security upon return. While an employer may intend to restore the employee, they are generally not legally obligated to hold the exact position or an equivalent one. These discretionary leaves often require higher internal approval and are subject to the employer’s current business needs.
Key Eligibility Requirements for LOA
For federal protections like the FMLA to apply, both the employer and the employee must meet specific thresholds. A covered private-sector employer must have employed fifty or more employees for at least twenty workweeks in the current or preceding calendar year. Additionally, the employee’s worksite must have at least fifty employees within a seventy-five-mile radius. Public agencies and schools are covered regardless of the number of employees.
The individual employee must also satisfy two service requirements for FMLA eligibility:
- They must have worked for the employer for a minimum of twelve months (not necessarily consecutive).
- They must have completed at least 1,250 hours of service during the twelve-month period immediately preceding the start of the leave.
These requirements ensure that job-protected leave is available to employees who have established a substantial employment history.
Maintaining Benefits and Job Status During LOA
A fundamental protection during a legally mandated LOA is the continuation of the employee’s group health insurance benefits under the same conditions as if they were actively working. The employee is required to continue paying their portion of the premium, and the employer must continue paying its share. If an employee on FMLA leave does not return to work, the employer may be able to recoup its premium payments, subject to exceptions.
The employee’s job status and seniority are also protected during a covered leave, preventing the loss of accrued employment rights. Upon return from an FMLA-protected leave, the employee has the right to be restored to their original job or an equivalent position with the same pay and benefits. Under USERRA, military service members are entitled to the position they would have attained had they been continuously employed, potentially a higher-level role. Intermittent leave, where time off is taken in separate blocks or by reducing the weekly schedule, is also available under FMLA for medical necessity.
The Process of Requesting and Managing LOA
Initiating an LOA requires timely communication from the employee to the employer. If the need is foreseeable, such as for a planned medical procedure or the expected birth of a child, the employee must provide at least thirty days’ advance notice. If the need is not foreseeable, the employee must give notice as soon as practicable, generally within one or two business days of learning of the need.
Employers are entitled to request appropriate documentation, particularly for medical or family health reasons. For FMLA leave, this involves submitting a medical certification completed by a healthcare provider, detailing the serious health condition and expected duration. The employee must be given at least fifteen calendar days to obtain this certification. Ongoing communication, including periodic status updates and changes to the expected return date, is required to manage the leave effectively.
Returning to Work After LOA
The final stage of the LOA cycle is the employee’s return to the workplace, governed by strict reinstatement rights for protected leaves. For a medical LOA, the employer may require a fitness-for-duty certification from the healthcare provider, confirming the employee is able to perform their job functions. This medical clearance ensures the employee’s capacity to resume work responsibilities.
Once the employee is cleared, the employer must restore the employee to their former position or an equivalent one, meaning it must be virtually identical in terms of pay, benefits, and working conditions. For military leave under USERRA, reemployment must be prompt. The returning service member is protected from discharge without cause for up to one year, depending on the length of their service.